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Paper Streets 2017

The Town Council on Oct. 5, 2016 voted to extend its rights in 32 of the town's 58 paper streets; to vacate rights in seven; and to accept 19 of them for specific purposes. [video] [news article]

All votes were unanimous except for the votes to extend rights in Surf Side Avenue (4-3); Atlantic Place (4-3); and Lighthouse Point Road (6-1)

Here are the orders that were approved by the Town Council Oct. 5:

Item #120-2016 Paper Streets The town council held a public hearing On September 12th and a workshop on September 13th regarding recommendations for accepting, extending or not extending the town’s incipient rights in certain paper streets. It is recommended that the council take the following actions:
A.ORDER (ACCEPTANCE OF PAPER STREETS)

WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extended a period of twenty (20) years by the Town Council, and
WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
WHEREAS, the Town Council wishes to formally accept certain to the paper streets previously extended and reserved by the aforesaid September 8, 1997 vote.
WHEREFORE, the Town Council, pursuant to 23 M.R.S. § 3032(2), hereby accepts the paper streets as shown on Exhibit A for the limited purposes described for each paper street.
The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.

For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street

U1-4

Cliff Ave east

For pedestrian and bicycle access and vehicle turnaround, with no commitment from the town to maintain the existing driveway located in the paper street

U3-1

Baker Rd ext

For pedestrian and bicycle access

U3-2

Forest Rd ext

For pedestrian and bicycle access, and utility maintenance and installation

U3-3a

Stonybrook (southeast)

For pedestrian and bicycle access

U3-6

Ocean View ext

For pedestrian and bicycle access, and private lot access, with no commitment from the town to build or maintain such lot access

U12-9

Elizabeth Rd

For stormwater management

U19-1

Gladys Rd

For pedestrian and bicycle access

U19-2

Hampton Rd/Penny Ln(50'w)

For pedestrian and bicycle access and stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access, or to maintain the existing driveway located in the paper street.

U19-3

Sweet Fern Rd (50'w)

For pedestrian and bicycle access, stormwater/drainage and private lot access, with no commitment from the town to build or maintain such lot access.

U20-1

Grover Rd

For pedestrian and bicycle access

U21-1

Dearborn Rd south

For pedestrian and bicycle access, open space, and stormwater/drainage utility

U29-1

Harrison Ave

For stormwater/drainage, utilities,

U29-3

North St

For pedestrian and bicycle access and utilities, with no commitment from the town to maintain any driveway located in the paper street

U32-1

Wedgewood Rd (40'w)

For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveway located in the paper street.

U36-3

Pine Ridge Rd

For pedestrian and bicycle access, and utility maintenance and installation, with no commitment from the town to maintain the existing driveways located in the paper street.

B.
ORDER (EXTENSION OF PAPER STREETS)

WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extended a period of twenty (20) years by the Town Council, and
WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
WHEREAS, some proposed, unaccepted ways may have public benefit to the Town either as, public ways, pedestrian easements, utilities or for other purposes, in the future, the extent of which is difficult to determine.

WHEREFORE, The Town Council, pursuant to 23 M.R.S. § 3032(2) hereby extends for a period of twenty (20) years the proposed, unaccepted ways within the Town of Cape Elizabeth as shown on Exhibit A. To the extent that any paper streets in the Town of Cape Elizabeth have not been accepted or deemed vacated by vote the Council, their status as paper streets shall also be extended for a period of twenty (20) years.
The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.

Paper Streets to be Extended

Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated 8-2-2016, a copy of which is on file in the Town Clerk's office.

ID #

Name/Location

U2-1

Seaview Ave /Ottawa Rd

U2-2

Ottawa Rd (water)

U3-4

Crescendo Terrace (50'w)

U3-5

Crestway (40'w)

U4-1

Waverly (40'w)

U4-2

Hazelwood (35'w)

U4-3

High Bluff Rd (40'w)

U4-4

Quarry Rd

U4-5

Arbutus Rd (35'w)

U7-6

Delano Park

U7-8

Delano Park

U8-1

Woodcock Rd (40'w)

U10-1

Thompson Rd (the portion extending from Shore Rd west a distance of 750')

U12-1

Avon Rd (the portion extending from the public Avon Rd to the northwest property line of lot U12-12)

U12-2

Oak Grove Rd (north)(50' w)

U12-3

Oak Grove Rd (south)

U12-5

Surf Side Ave

U12-6

Old Hayfield Rd

U12-7

Wabun Rd/Bigelow Rd

U12-8

Atlantic Place

U15-1

Lighthouse Point Rd

U15-3

Two Lights (north)

U21-2

Dearborn Rd north

U29-4

Stephenson St

U29-6

South St

U33-3

Highland St

U33-4

Valley Rd/S Curve St

U33-5

Moonshadow Rd

U33-7

Lydon Ln

U36-1

Spoondrift (north)

U36-2

Spoondrift (west)

U42-2

Katahdin Rd

C.
ORDER (DEEMED VACATION OF PAPER STREETS)WHEREAS, pursuant to 23 M.R.S. § 3032, proposed and unaccepted ways also known as “paper streets” as shown on subdivision plans prior to September 29, 1987 shall be deemed vacated on September 29, 1997, unless extend a period of twenty (20) years by the Town Council, and
WHEREAS, on September 8, 1997, the Town Council voted to extend, for a period of twenty (20) years until September 29, 2017, all proposed and unaccepted ways within the Town of Cape Elizabeth except certain ways specifically denoted in the Order recorded in the Cumberland County Registry of Deeds (Document #054366).
WHEREAS, the Town Council pursuant to 23 M.R.S. § 3032, voted to not further extend the time for acceptance of the paper streets as shown on Exhibit A with the intention that they will be deemed vacated under statute.
The Town Clerk shall record an attested copy of this Order in the Cumberland County Registry of Deeds.

Paper Streets to be "Deemed Vacated"

Supporting information is located in the Town of Cape Elizabeth 2015 Paper Street Report, updated 8-2-2016, a copy of which is on file in the Town Clerk's office.

ID #

Name/Location

U3-3b

Stonybrook (southwest)

U10-1

Thompson Rd (the portion extending west from the point beginning 750' from Shore Rd)

U12-1

Avon Rd (any portion extending to the west of the northwest property line of lot U12-12)

U15-2

Balsam Rd

U30a-1

Allen Rd

U33-6

Hill Place

U36-4

off Pine Rdge Rd

The state Legislature has set a deadline of 2017 for Maine communities to decide whether to retain "incipient dedication" rights in paper streets - streets that have been laid out in subdivision plans but never constructed or accepted by the town.

Cape Elizabeth's Town Council is following a public-engagement process leading to a decision on the future of the town's paper streets, a council goal for 2016.